Oregon: "Substantial Nexus" and Amnesty; Time to File?
- Go to http://www.oregonamnesty.com/  for an amnesty application, tax forms, and program information.
- Submit your completed application no later than November 19, 2009. You should receive confirmation within 30 days.
- File the required original or amended tax returns on or before January 19, 2010. You may also submit your returns with your application.
- IMPORTANT! Write "Amnesty" on the top of any check, money order, or return you send.
Penalty for NOT Participating in Amnesty
Corporations eligible for amnesty that choose not to participate may be subject to new penalties, in addition to those currently due. Penalties can be as high as 125-percent of the tax due.
For details and examples of what is "substantial nexus," please see Oregon's Admin Rules . Here is the high-level definition:
“Substantial nexus” is broad in its scope and for corporate excise and income tax jurisdiction purposes, under the Commerce Clause of the U.S. Constitution, does not require a taxpayer to have a physical presence in Oregon. Substantial nexus exists where a taxpayer regularly takes advantage of Oregon’s economy to produce income for the taxpayer and may be established through the significant economic presence of a taxpayer in the state.
If you have any questions or need assistance in determining if your company has "substantial nexus," please contact me at firstname.lastname@example.org . You may also want to visit Oregon's website at: http://www.oregontaxamnesty.com/ .